A woman in Nevada is seeking recovery for brain injury she suffered in July 2013 after a slip-and-fall at a home improvement store while she was shopping for palm trees for her garden. She alleges the outdoor area was covered with water, and presented an unreasonable risk of injury to business invitees on the property.
Defendant store, meanwhile, contends plaintiff was contributorily negligent and that she actually fell on top of a four-foot orange “caution” cone that was placed near the accumulated water to warn customers of the risk. Plaintiff has countered this was not sufficient as there was no “Wet Floor” sign and defendant knew this was not enough to warn customers, considering there had been 33 similar falls at other stores across the country – including two previous slip-and-fall accidents at this very same location.
The 38-year-old mother of three said as a result of her slip-and-fall, she suffered a fractured skull and brain injury that resulted in a permanent loss of smell and taste. Continue reading